Terms and Conditions

FaktoryLabs GmbH

1. Scope

These General Terms and Conditions apply to all offers, sales, deliveries, and services provided by FaktoryLabs GmbH, Am Speicher 8, 10245 Berlin, Germany.

These terms apply exclusively to business customers (B2B). Conflicting or differing terms of the customer shall not apply unless expressly agreed in writing.

2. Offers and Contract Formation

All offers made by FaktoryLabs GmbH are non-binding unless explicitly stated otherwise.

A contract is concluded when:

  • the customer places an order based on an offer, and
  • FaktoryLabs GmbH confirms the order in writing or delivers the goods.

3. Prices

All prices are stated in EUR unless otherwise specified.

Prices are exclusive of VAT, shipping costs, customs duties, and other applicable charges unless otherwise agreed.

For intra-community supplies within the European Union, the reverse charge mechanism may apply if the customer provides a valid VAT identification number.

4. Payment Terms

Unless otherwise agreed, payment terms are:

  • 50% pre-payment upon order confirmation
  • 50% within 30 days after invoice date

FaktoryLabs GmbH reserves the right to suspend deliveries or services if payment obligations are not met.

5. Delivery and Risk Transfer

Delivery times stated in offers or confirmations are estimates unless explicitly agreed as binding.

Delivery terms are governed by the Incoterms® 2020 specified in the offer or order confirmation.

Risk of loss or damage transfers to the customer in accordance with the agreed Incoterm.

6. Installation and Services

Installation or on-site services are performed according to the scope described in the relevant offer.

The customer must provide appropriate access, power supply, and network connectivity required for installation.

Travel and accommodation costs may be charged separately unless otherwise agreed.

7. Warranty

FaktoryLabs GmbH warrants that supplied goods are free from material defects for a period of 12 months from delivery, unless otherwise agreed.

The warranty does not apply to:

  • normal wear and tear
  • improper use or handling
  • modifications made by the customer or third parties

In case of defects, FaktoryLabs GmbH may choose to repair or replace the defective product.

8. Limitation of Liability

FaktoryLabs GmbH shall be liable for damages only in cases of:

  • intent or gross negligence
  • violation of essential contractual obligations

In all other cases, liability is limited to the foreseeable damage typical for the contract.

FaktoryLabs GmbH shall not be liable for indirect damages, lost profits, or consequential damages.

9. Retention of Title

All goods delivered remain the property of FaktoryLabs GmbH until full payment has been received.

10. Governing Law and Jurisdiction

These terms shall be governed by the laws of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes arising from contractual relationships shall be Berlin, Germany, provided the customer is a merchant.

11. Final Provisions

If any provision of these Terms and Conditions is found to be invalid, the remaining provisions shall remain unaffected.

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